Can I get H1b stamping before the start date on i-797 and enter USA?

I currently reside in USA and on H1B status. I have an I797 that is valid until Aug 30 2023, although visa stamp in my passport is expired. I have a H4 visa stamp from a few years ago. Never got H1B stamping done after I did COS from H4 to H1B. My H1B extension is also approved from Aug 30 2023 to Aug 29 2026. I was planning to visit US consulate in early Aug to get my H1B stamping done. If I get the stamping done in early Aug, I will be re-entering USA couple of weeks before the start of the validity date of my new I-797. I am working for the same petitioner.

I am being told by my attorney that I should wait until after new I-797 start date (Aug 30 2023) to go for stamping. He says that if I go for stamping and re-enter before the start date mentioned in my new I-797, my new H1B will not be valid. I don’t understand how H1B can be invalidated if I get stamping before the I-797 start date and re-enter the country. Can anyone confirm if this is true?


First time H1B who is in India can enter only within 10 days of the start date on the petition. This doesn’t apply to person already on H1B status.
Use your new I-797 for stamping and you should be good to travel and enter the US any time as your current I-797 is valid till August.

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